[2020] KEHC 4314 (KLR)
The court found that the application was incompetent because it failed to disclose when the applicant was convicted for the offence of manslaughter and by which magistrate. The absence of these material particulars rendered the application fatally defective, as the court could not properly exercise its revisionary...
Source-derived case information.
- Citation
- [2020] KEHC 4314 (KLR)
- Parties
- Applicant: Kenned Otieno Mien; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 42 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
- Outcome
- application struck out as incompetent
- Judges
- RE Aburili
- Legal Topics
- Revision of Sentence, Competency of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenned Otieno Mien
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the application for revision of sentence is competent in the absence of details regarding conviction and sentencing magistrate.
Ratio Decidendi
The court found that the application was incompetent because it failed to disclose when the applicant was convicted for the offence of manslaughter and by which magistrate. The absence of these material particulars rendered the application fatally defective, as the court could not properly exercise its revisionary jurisdiction without them. Consequently, the application was struck out and the file closed.
Court Disposition
application struck out as incompetent
Orders
- The application is struck out for incompetency.
- File closed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. 42 OF 2020
KENNED OTIENO MIEN................................APPLICANT
VERSUS
REPUBLIC....................................................RESPONDENT
(Being an Application for Revision of Sentence in CriminalCase No. 29 of 2015 at Chief Magistrate’s Court at Siaya)
RULING
1. The pleadings filed before court do not disclose when the applicant was convicted for the offence of Manslaughter and by which Magistrate Siaya has not had Chief Magistrate.
2. I find the application incompetent and strike it out.
3. File closed.
4. Orders accordingly.
Dated, signed and Delivered at Siaya this 9th Day of July 2020
R.E. ABURILI
JUDGE